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HomeMy WebLinkAbout005 01 97LAND USE AND DEVELOPMENT COMMISSION May 1, 1997 Minutes of the regular meeting of the Land Use and Development Commission held in the City Municipal Building May I, 1997. Present: Acting Chairman Pete Anderson: Commission Members: Myrna Cain, Ray Rosen, Dusty Whited, Wally Wright, Mary Harker, Gayle Anderson; Attorney Tom Holmes; City Staff: Larry Kohntopp, and Gerd Dixon; Secretary Myrna Crapo. Chairman Anderson called the meeting called to order at 8:00 PM. Chairman Pete Anderson asked if any commission member had a conflict of interest, there were none. Attorney Tom Holmes has done ~vork for Mike Bird and disclosed that information. Mary Harker moved to accept the minutes of April 3, 1997 as mailed with Gayle Anderson seconding. All voted in Ihvor. PUBLIC HEARING: 1. An application by L. Don Hammond, Dale Hancock and Scott Jackson of Affordable Rezidential Communities, 555 17th Street, Suite 850, Denver, Colorado 80202 for a conditional use permit for a Class II Production Building Cluster Arrangement; a Preliminary Plat and a change in Land Use District, upon requested annexation to R-3, General Residential. Property is located west of 10555 N. Hiline Road and south of 4600 Hiline, Briarwood, Chubbuck, Idaho. Chairman asked the city staff if they had any additional comments, they had none Chairman Anderson entered into record the letters that were received prior to the meeting. John & Deborah Van Houten dated March 18; Clinton and Sally Shipman; Val & Elaine Hunt; Dr. Roger A. and Linda Rankin, Linda Lepista and Jay P. Sanders. All are in opposition to the proposal; also a 14 page petition in opposition to the proposal. Mitchell Greer, 203 S. Garfield with Shepherd Engineering told the commission they have made these changes from the original application. 1. They will provide a collector right-of-way along the north boundary line. 2. A fence will be put up separating Briarwood from their development. 3. They have reduced the number of lots and added additional park areas. 4. The curb and gutter is eliminated 5. They added a large park at the entrance to the property. A parking area separates its from Hiline Road. 6. Park is opened up l¥om three sides to allow a good line of sight. 7. Vegetation is added along Hiline 8. The entrance road has been moved. 9. Property on Alamo Street will be dedicated for future use 10. The plat blocks will not show individual spaces, but just show the entire block. 11. No lots will be for sale but just be rentals. 12. Parks will be developed with play ground equipment. 13. Class I1 trailers are being allowed. Land Use and Development Commission May 1, 1997 Page 2 Steven Prall, manager of Cowboy Park, 845 Barton Road, in Pocatello: the restrictive covenants for Cowboy Oil Park were reviewed. Don Hammond, 2850 South Bannock Highway # 14, trailer will be new or almost new units. Public hearing was opened for any comment in favor of the proposal. There was none. Public hearing was opened for any comment in opposition to the proposal. Clinton Shipman 521 Briarwood, the traffic is a concern and he feels that it would become a dumping area. It would devaluate the property in Briarwood. Eric Whiting, 4639 Chateau, is opposed to the project. This kind of development is not good economically and he feels that there is adequate trailer parks in the city. Curtis Cristie, 526 Holly Street, the number of lots and sizes are fluctuating. He doesn't want a trailer park in the area. His home is an investment for himself and he plans on taking care of it. Debra Driever, 4719 Chateau, enjoys living in Chubbuck and concerned about the upkeep of the area. Heather Wheelock, 4466 Leatherman is concerned about the traffic in the area and property values. Chairman Anderson closed the public hearing and allowed the applicant an opportunity to address these concerns. Mitchell Greer, Shepherd Engineering, the traffic should not make it necessary to have a traffic light put in at Hiline & Chubbuck. Most of the trailer parks in this area are full. Steve Prall, 845 Barton Road, the occupant can't sublease their trailer. The trailers are inspected before they are allowed into the park. The meeting was turned back to the commission for discussion and a motion. The Commission discussed: 1. Setting a year requirement for finishing the project. 2. Inspecting of the home before it is moved in 3. The city not maintaining the grass strips along Hiline Road Gayle Anderson moved to recommend to City Council to approve the zone change to R-3 consistent with the comprehensive plan. Seconded by Dusty Whited. Roll Call vote: Myrna Cain, yes; Ray Rosen, yes; Dusty Whited, yes; Wally Wright, yes; Pete Anderson, yes; Mary Harker, yes; Gayle Anderson, yes. Gayle Anderson amended the motion to add upon requested annexation. Mary Harker seconded. All voted in thvor. Land Use And Development Commission May 1, 1997 Page 3 Mitch Greer, Shepherd Engineering: they plan on completing it in one phase. The streets, drainage, sidewalks will be put in. The yards will not be put in until they are needed. They would put sidewalks in on Alamo Street when Briarwood builds the street, if needed. Dusty Whited moved to recommend to the City Council approval of the preliminary plat with the condition on the plat that the .025 acres park abutting on Hiline Road not be maintained by the City of Chubbuck but by the park owners. Gayle Anderson seconded. Roll call vote: Myrna Cain, yes; Ray Rose, no; Dusty Whited, yes; Wally Wright, no; Mary Harker, no; Gayle Anderson, yes; Pete Anderson, yes. The commission discussed: 1. The traffic conditions 2. Transition between the developing properties 3. Aesthetics of the proposed use and surrounding lands 4. Character of the building and the land adjoining 5. Hiline being a major arterial street 6. Speci~Sng a time period for finishing the project 7. Keeping control of the weeds Gayle Anderson moved to grant a conditional use pernfit with the following conditions: A. The management plan and restrictive covenants for the development shall be subject to review and approval by the Design Review Committee of the City. B. The conditional use permit shall terminate with the sale or transfer of the property or any parts of it to anyone other than the applicants. D. The provisions of Chapter 15.36 of the Chubbuck Municipal Codes with respect to set up, installation, and skirting shall be followed. E. The provision of Chubbuck Municipal Code 18.030(k) shall be followed, and specifically; 1. No space shall be rented for peri. ods less than 30 days. 2.Off street parking area shall be provided at the rate of at least two car spaces per dwelling. 3. There shall be at least 20 feet between each dwelling and at least 20 feet between an individual swaleing and any' adjoining pavement areas of a park, street, sidewalk, common area, or common parking area. 4. There shall be at least a 20 foot rear yard for each dwelling on which an accessory building not to exceed 80 square feet shall be allowed. 5.There shall be a minimum of 5,000 swale feet of lot for each dwelling space. 6. Each dwelling space shall contain no more than one production building and each such building shall be a single family dwelling. F. No unit shall have direct access to Alamo Street, which is designated as an arterial in the Chubbuck Comprehensive Plan.. G. Mail boxes shall be clustered consistent with Chubbuck Municipal Code 16.12.051, which requires neighborhood box unit system. H The developer shall install a solid fence on the property bordering the railroad, the interstate highway and Almo Street. I. Prior to installation, all landscaping shall be submitted to the Design Review Committee of the City of Chubbuck for approval. J. All of the production buildings allowed into the development shall meet Class II Production Building standards as defined in Chubbuck Municipal Code 18.04.050(p) except the units do not need to multi-sectional and do not need to be permanently fixed and set upon a permanent Land Use and Development Commission May 1, 1997 Page 4 foundation. Additionally, requirement 8 for a masonry foundation or foundation facia, similar appearance and durability to masonry foundation of site built dwellings is waived so long as the skirting requirements of Chapter 15.36 of the Chubbuck Municipal Code are met. K. The City, at its option, may undertake any enforcement proceedings for violation of the Chubbuck Municipal Ordinance against not only the individual landowner or individual renter of a lot but also against the manager and owner of the development. The management and owners of the development are equally responsible as individual lot renters for appearance of the lot and compliance with Chubbuck Municipal Ordinance. Violations of Chubbuck City ordinances, including those for property maintenance, or the conditions set tbrth in this conditional use permit shall be grounds/hr revocation of the conditional use pernfit. L. That all spaces be owner occupied. Dusty Whited seconded. Roll Call vote: Myrna Cain, no, Ray Rosen, no; Dusty Whited, yes; Wally Wright, no; Mary Harker, no; Gayle Anderson, yes; Pete Anderson, yes. Mary Harker moved to deny the conditional use permit for these reasons as per code 18.28.050 and 18.28.040: 1. Account shall be taken for noise and traffic conditions in the vicinity of the land for which the permit is sought. 2. For the use for which such permit is sought must not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 3. Account shall be taken of the character and use of the buildings and the land adjoining and in the vicinity of the property for which the permit is sought, together with the number of persons residing or working in such buildings or upon said land; and the permit, if granted, shall not work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape of said land. 4. Account shall be taken of the aesthetic qualities of the proposed use and surrounding lands. Ray Rose second. Roll Call vote: Myrna Cain, yes; Ray Rosen, yes; Dusty Whited, no; Wally Wright, yes; Mary Harker, yes; Gayl~ Anderson, no; P~te Anderson, no. Mr. Hammond filed an appeal to the motion on the conditional use. 2. An application by William C. Slaven, 147 W. Linden Avenue, Chubbuck, Idaho tbr a conditional use permit to build in two phases, two rows of mini-storage buildings on back half of property behind residence at 147 W. Linden, Chubb'uck, Idaho. Chairman Pete Anderson reviewed the conditions that was put on the mini-storage for Gary Ratlift: William Slaven, 147 W. Linden: he already has landscaping at his home which is in front of the mini-storage area. He would like to finish the development in about 4 years. Mr. Slaven doesn't want to build a fence. The meeting was opened up tbr public comment in favor of the proposal. There was none. The meeting was opened up for any public comment in opposition to it. Gary Ratliff, 4970 Apache, would like to see what is proposed for the irrigation ditch. He would like to see the entrance to his place different from the new' development. Mr. Ratliff would like to see that Mr. Slaven's property, is cleaned up and no outside storage allowed except for snow removal equipment. He would like the thci.lity fenced all around it. Land Use and Development Commission May 1, 1997 Page 5 William Slaven, 147 W. Linden: would like to leave the entrance as it is as it is the farthest away f¥om his home. He would fill in the irrigation ditch and eventually take out the head gate. The meeting was tumed back to the commission for a discussion: I. A 6' fence is required around the storage. 2. The Type of fencing needed Myrna Cain moved to grant a conditional use permit to William Slaven to build in two phases, two sets of nfini-storage buildings on the back half of the property behind the residence at 147 W. Linden, Chubbuck, ID 83202 subject to the following conditions: A. Curb, gutter and landscaping shall be installed in the front of the property on Linden consistent with the Chubbuck Municipal Code. B. The ditch bordering Linden shall be piped by Mr. Slaven. C. Any area between the gutter and the existing street that is not asphalt shall be patched by Mr. Slaven. D. All other provisions and requirements of the supplemental controls for self service storage facilities referenced in Chubbuck Municipal Code 18.12.050 shall be followed. Mary Harker seconded the motion with the addition of the sidewalk added to item A. Dusty Whited amended the motion to include: E. The ditch running between the two properties be piped if the water rights remain. The additions were approved by Myrna Cain and Mary Harker. Roll Call Vote: 1Myrna Cain, yes; Ray Rosen, yes; Dusty Whited, yes; Wally Wright, yes; Mary Harker, yes; Gayle Anderson, yes; Pete Anderson, yes. 3. An application by Wiliam C. Slaven, 147 W. Linden Avenue, Chubbuck, Idaho for a change in Land Use iDistrict to General Commercial (C-2). Property is presently zoned General Residential. Wiliam Slaven, 147 W. Linden, is willing to have the property changed even though he will not be able to build if the home burns down. Mary Harker moved that we recommend to the Chubbuck City Council approval of the application for William C. Slaven of 147 W. Linden, Chubbuck, Idaho for change in land use district for General Commercial (C-2)/'or the property at 147 W. Linden. Wally Wright seconded. Roll Call vote: Myrna Cain, yes; Ray Rose, yes; Dusty Whited, yes; Wally Wright, yes; Mary Harker, yes; Gayle Anderson, yes; Pete Anderson, yes. 4. An application by Mike Scott, Scott Construction, Inc., 4925 Elizabeth, Chubbuck. Idaho for a Planned Unit Development, (PUD); change in Land Use District to Dense Residential, (R-4); Preliminary Development Plan with its accompanying Preliminary Plat for Rolling Hills Townhouse Development at Lot 7, Rolling Hills Subdivision. Located at south end of Ramsgate Drive. Property is presently zoned, Single Family Residential, (R- t). Chairman A~derson asked for any additional comments from the staff. Gerd Dixon explained his density calculation, and the requiring of a second access. Land Use And Development Commission May 1, 1997 Page 6 Mari Tusch, 804 E. Center with Better Homes and Gardens, represented Mike Scott: explained what he was proposing. They would take care of the staffs concerns for a second access. There will be four off street parking spaces for each home. They will have a home owners association. Retired or soon to be retired people and physically challenged people buy the houses. Chairman Anderson entered into the record there were 13 pages of opposition. The meeting was opened it to public comment in favor of the motion. Bob Elzner, 4626 Mountain Park Drive, he is favor of the condominiums that are going in. They hold their value and increase in value. He would like to see this instead of a trailer court. Mary Bunce, 755 E. Chubbuck Road is in favor of them. The area is a swale having been used for motorcycle travel. It would be an asset to the area. Mike Bird, 756 Ash, looked at buying this piece of property and putting R-1 housing but didn't because of the cost. He is in favor of the project. Gloria Anderson, 743 Bedford, the traffic would be too great. In the winter the road would be slick. Water pressure was a concern as the pressure is really low. She is concerned about the units being rented. Martin Chapin, 740 Moran, representing 35 people; it would reduce their property values. They don't want the increased density. Kyle Droghei, 4774 Ramsgate, will the school have to redo their zone area. He is concerned about the water pressure. Mel Fairbanks, 744 Norcrest, is concerned about the water pressure and having a park area. He is also concerned about the value of his property. Dennis Sudweeks, 4651 Chateau is concerned about the traffic it will generate. He is concerned about the devaluation of his property. Tim Derosier, 4736 Ramsgate drive, is concerned about the traffic and the property, value. Chris Leishman, 4623 Chateau Street, has problems with the water pressure. Eric Whiting, 4639 Chateau, is concerned about the density problem, and opposed to the rezoning. Gerald Murphy, 704 Moran, Doesn't want the project to go through. Debroah Driever, 4719 Chateau is not in favor of the project. Martin Chaffin, 740 Moran, is not in favor of the project. Chairman Anderson closed the public hearing. Land Use and Development Commission May 1, 1997 Page 7 Mari Tusch, 804 E. Center, with Better Homes And Garden, the houses in the area where these type of homes have been built have already gone up in value. It is not designed to be attractive for a rental for an investment. Rentals will be controlled by the home owners association. The meeting was turned back to the commission for discussion. 1. A road out of the park 2. Having a fence around the outside of the development 3. Water pressure in the area 4. Park having been previously required in Chatterton Subdivision. 5. Tabling until another preliminary, plat is brought in Mary Harker moved to tabled this proposal until the next Land Use Meeting June 5 so the changes in the preliminary plat can be made and other specification as indicated. Ray Rosen seconded. Roll call vote: Myma Cain, yes; Ray Rosen, yes; Dusty Whited, yes; Wally Wright, yes; Mary Harker, yes; Gayle Anderson, yes; Pete Anderson, yes. 5. An application by Mike, Bird, tteritage Development, P.O. Box 2684, Pocatello, Idaho for a change in Land Use District, upon requested annexation, to Limited Residential (R-2) for properly located at corner of Whitaker and Siphon Roads. Property is presently zoned, Agricultural (A). Mike Bird, P.O. Box 2684, he would be willing to do a park or a park fee. Chairman Anderson, opened the meeting for any one in favor of the zone change, there was none. It was then opened up to any one in opposition to the motion. Dixie Ashton, 5369 Whitaker, was wondering how the sewer would work. Verlyn Ashton 5369 Whitaker, was concerned about the sewer also. Rocky Acree, 5401 Whitaker Road, wondered what the differences were in R-1 or R-2. The Public hearing was closed and brought back to the commission. Wally Wright moved to recommended to the Chubbuck City Council approval of the application by Mike Bird, Heritage Development for a change in land Use District upon requested annexation to Limited Residential (R-2) for the property located at the southeast comer of Whitaker and Siphon Roads. Gayle Anderson seconded. Roll call vote: Myma Cain, yes; Ray Rosen, yes; Dusty Whited, yes; Wally Wright, yes; Mary Harker, yes; Gayle Anderson, yes; Pete Anderson, yes. 5. An application by Mike Bird, Heritage Development, P.O. Box 2684, Pocatello, Idaho for review of a Preliminary Plat for residential Housing development at Whitaker and Siphon Roads southeast comer. The staff reviewed: the set back for siphon road is as yet unclear. There is adequate water and the sewer will be gravity and empty into the wet well in Whitaker Lift station. The meeting was opened Ibr public comment, there was none. The meeting was opened to any opposed. Land Use and Development Commission May 1, 1997 Page 8 Rocky Acree, 5401, Whitaker Road, lives next door and has horses which can cause dust. He would like to see trees put between the subdivision and their home to cut down on the dust. He would like a security fence between them. Verlyn Ashton, 5369 Whitaker, wondered what the zoning was. His deed showed the back part as being industrial. The public hearing was closed and brought back to the commission. Mike Bird wouldn't mind putting trees between them. Myma Cain moved to recommend approval to the Chubbuck City Council of the application by Mike Bird and Heritage Development for a preliminary plat for a residential housing development at the southeast comer of Whitaker and Siphon, subject to the following modifications: a. In lieu of curb, gutter and sidewalk being installed, developer shall mn a concrete pavement strip adjacent to the Whitaker Road asphalt and then provide a grassy swale bordered by a sidewalk along Whitaker Road all according to the standard provided by the City's engineering staff. b. The interior roads of the subdivision shall have a grassy swale separating the road and the sidewalk consistent with this same design standard. C. Curb, gutter and sidewalk shall be installed along Siphon Road. d. The developer shall make a park fee contribution in lieu of putting a park within the development, which contribution shall be retained by the City for eventual application for a park on the south side of Ellis School Mary Harker amended the motion to include: e. No access onto Whitaker Road by the lots backed to Whitaker Road. Ray Rosen amended the motion to include f. Access entry from the southwest side of the comer lots Dusty Whited seconded. Roll call vote: Myma Cain, yes; Ray Rosen, yes; Dusty Whited, yes; Wally Wright, yes; Mary Harker, yes; Gayle Anderson, yes; Pete Anderson, yes. 7. An application by Gary Rat!iff; Intermountain Companies, 4970 Apache, Pocatello, Idaho for review of a preliminary plat fbr East Chubbuck Road Development, located 306 E. Chubbuck Road. Gerd Dixon the property needs to be set back 10 to 12 feet for the widening of Chubbuck Road. Gary Ratliff. 4970 Apache, explained his proposal. Chairman Anderson opened the meeting to public comment in fhvor of the proposal. There was none. It was opened to public comment against the proposal. Jolene Hutchinson, 850 E1 Rancho in Pocatello is opposed to the building. She owns the adjacent storage units across the tracts. Gary Ratliff, 4970 Apache, offered to buy her out. The public hearing was closed. David Hutchinson, 519 N. 1 lth. Questioned where the access ~vould be and was told it is all off of Burley Drive; there will be no access off of East Chubbuck Road. Land Use Development and Commission May 1, 1997 Page 9 Ray Rosen moved to recommend approval to the Chubbuck City Council the application of Gary Ratliff~ Intermountain Companies for the Preliminary Plat for East Chubbuck Road Development located at 306 E. Chubbuck Road.. Dusty Whited seconded. Mary Harker amendment the motion to include the additional setback for East Chubbuck Road. The amendment was approved by Ray Rosen and Dusty Whited. Roll call vote: Myma Cain, yes; Ray Rosen, yes; Dusty Whited, yes; Wally Wright, yes; Mary Harker, yes; Gayle Anderson, yes; Pete Anderson, yes. 8. An application by Jeff Butler, 424 S. Johnson, Pocatello, Idaho for a PUD Final Development Plan for Western View Planned Unit Development at 311 West Chubbuck Road. The property is presently zoned Dense Residential (R-4). Jerry Butler, 424 S. Johnson, the plat was revised to addressed 1. parking on the southwest end. 2. He would like the park fees to be waived. The meeting was opened up to public comment in favor of the proposal, there was none. The meeting was opened tbr public testimony against, there was none. Gayle Anderson moved to recommend to the Chubbuck City Council approval of the application by Jeff Butler for approval of the Planned Unit Development Final Development Plan for Western View- Planned Unit Development at 311 West Chubbuck Road. Wally Wright seconded. Myrna Cain, yes; Ray Rosen, yes; Dusty Whited, yes; Wally Wright, yes; Mary Harker, yes; Gayle Anderson, yes; Pete Anderson, yes. GENERAL BUSINESS: 1. A request by Richard Anderson, 6375 S. Bannock Hwy for a geographic area to be defined for the area at Rose and Stumg. Richard Anderson, 6375 S. Bannock Hw% is prop~g a~x. Dusty Whited move to defined the geographi 'ar,~a~dh~:~ua~t Subdivision. Wally Wright seconded. All voted in favor. Meeting adjotn ~' ~: }'..~' Ac n~g'Chai~n~a/nn, ibete Anderso~ '-~'"'"~. Myrna~, Secretary n CITY OF CHUBBUCK n LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION This matter having come before the Commission for public hearing pursuant to public notice as required by law, on May 1, 1997, upon the application of L. Don Hammond, Dale Hancock and Scott Jackson of Affordable Residential Communities (hereinafter referred to as "applicant") for a conditional use permit to construct a Class II production building cluster arrangement on the real property located west of 10555 N. Hiline and South of 4600 Hiline- Briarwood Subdivision and the Commission having heard testimony from interested parties and being fully advised in the matter, now makes the following: FINDINGS OF FACT 1. Applicant has applied for a conditional use permit as particularly described above. 2. All legal requirements for notice of public hearing have been met. 3. The property in question lies outside the City limits but upon annexation R-3 zoning is requested pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as R-3 in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevant criteria and standards for consideration of this application are set forth in Idaho Code section 67-6512 and in Chubbuck Code section 18.28.040 (C). 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. Applicant indicates 230 lots are needed to make the project feasible. B. Lots would be rented, not sold. C. Single wide trailers would be the primary use; although lots for double wides would be available. D. Landowners in the area are opposed to this development. E. The proposed use and the resulting noise and traffic conditions will adversely affect the City. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck09.133 *65 900 F. Present mobile home parks in the City tend to be blighted and present an undesirable surrounding. G. A large number of rented single wide mobile homes conflicts aesthetically with the appearance of single family dwellings in the vicinity. BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and Development Commission hereby enters the following: CONCLUSIONS OF LAW I . The use for which the permit is sought will be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought will produce an adverse impact on the economic values of adjacent properties. 3. The permit sought will produce a negative impact on transportation facilities, public utilities, schools, public parks, or the natural environment any greater than had the strict terms of the Land Use Ordinance been complied with. 4. The noise and traffic conditions generated by the use for which the permit is sought, when analyzed in conjunction with the noise and traffic conditions now existing does indicate that the permit should be denied. 5. The use for which the permit is sought shall work an unreasonable hardship upon surrounding property owners by virtue of its physical natures or by the impact of changes made in the landscape of the land. 6. The aesthetic qualities of the proposed use will conflict with aesthetic dualities of the surrounding lands. 7. The adverse impact of the proposed use on other development within the City has been minimized by Applicant as much as is reasonably possible. 8. Owners of adjacent property have expressed approval or disapproval of the issuance of the requested conditional use permit. 9. The requested conditional use permit, if granted, should be maintained subject to the conditions set forth below. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbckO9.133 DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should not be approved. 2. The conditional use permit requested by the Applicant is not granted, subject to the foregoing conditions. 3. Takings. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect to the decision in this action: A. This Action does not result in a permanent or temporary physical occupation of private property. B. This Action does not require the property owner to dedicate a portion of the property or to grant an easement. C. This Action does not deprive the owner of the property of all viable uses of the property. D. This Action does not deny a fundamental attribute of ownership. n E. This Action does not serve the same purpose that would be served by directly prohibiting the use or action; nor does the condition imposed substantially advance such purpose. DATED this % day of I --n , 199_7. LAND USE AND DEVELOPMENT COMMISSION By: Ch ' an FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck0g.133 n CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter having come before the Commission for public hearing pursuant to public notice as required by law, on May 1, 1997, upon the application of L. Don Hammond, Dale Hancock and Scott Jackson of Affordable Residential Communities (hereinafter referred to as "applicant") for a conditional use permit to construct a Class II production building cluster arrangement on the real property located west of 10555 N. Hiline and South of 4600 Hiline- Briarwood Subdivision and the Commission having heard testimony from interested parties and being fully advised in the matter, now makes the following: FINDINGS OF FACT 1. Applicant has applied for a conditional use permit as particularly described above. 2. All legal requirements for notice of public hearing have been met. 3. The property in question lies outside the City limits but upon annexation R-3 zoning is requested pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as R-3 in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevant criteria and standards for consideration of this application are set forth in Idaho Code section 67-6512 and in Chubbuck Code section 18.28.040 (C). 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. Applicant indicates 230 lots are needed to make the project feasible. B. Lots would be rented, not sold. C. Single wide trailers would be the primary use; although lots for double wides would be available. D. Landowners in the area are opposed to this development. E. The proposed use and the resulting noise and traffic conditions will adversely affect the City. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck0g.133 F. Present mobile home parks in the City tend to be blighted and present an undesirable surrounding. G. A large number of rented single wide mobile homes conflicts aesthetically with the appearance of single family dwellings in the vicinity. BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and Development Commission hereby enters the following: CONCLUSIONS OF LAW 1. The use for which the permit is sought will be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought will produce an adverse impact on the economic values of adjacent properties. 3. The permit sought will produce a negative impact on transportation facilities, public utilities, schools, public parks, or the natural environment any greater than had the strict terms of the Land Use Ordinance been complied with. 4. The noise and traffic conditions generated by the use for which the permit is sought, when analyzed in conjunction with the noise and traffic conditions now existing does indicate that the permit should be denied. 5. The use for which the permit is sought shall work an unreasonable hardship upon surrounding property owners by virtue of its physical natures or by the impact of changes made in the landscape of the land. 6. The aesthetic qualities of the proposed use will conflict with aesthetic qualities of the surrounding lands. 7. The adverse impact of the proposed use on other development within the City has been minimized by Applicant as much as is reasonably possible. 8. Owners of adjacent property have expressed approval or disapproval of the issuance of the requested conditional use permit. 9. The requested conditional use permit, if granted, should be maintained subject to the conditions set forth below. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbckO9.133 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should not be approved. 2. The conditional use permit requested by the Applicant is not granted, subject to the foregoing conditions. 3. Takings. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect to the decision in this action: A. This Action does not result in a permanent or temporary physical occupation of private property. B. This Action does not require the property owner to dedicate a portion of the property or to grant an easement. C. This Action does not deprive the owner of the property of all viable uses of the property. D. This Action does not deny a fundamental attribute of ownership. r� E. This Action does not serve the same purpose that would be served by directly prohibiting the use or action; nor does the condition imposed substantially advance such purpose. DATED this �'- day of ,'4 t`1 '1997 LAND USE AND DEVELOPMENT COMMISSION Char an FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck0g.133 n CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter having come before the Commission for public hearing pursuant to public notice as required by law, on May 1, 1997, upon the application of William C. Slaven (hereinafter referred to as "applicant") for a conditional use permit to build two rows of mini storage buildings on the real property located at 147 W. Linden and the Commission having heard testimony from interested parties and being fully advised in the matter, now makes the following: FINDINGS OF FACT 1. Applicant has applied for a conditional use permit as particularly described above. 2. All legal requirements for notice of public hearing have been met. 3. The property in question is zoned Limited Residential (R-2) pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as General Commercial (C-2) in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevant criteria and standards for consideration of this application are set forth in Idaho Code section 67-6512 and in Chubbuck Code section 18.28.040 (C). 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. This is a transitional area with a mini storage facility located on adjacent property. B. Applicant would maintain the residence on the front of the property. C. This project would be built in phases over several years. BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and Development Commission hereby enters the following: CONCLUSIONS OF LAW 1. The use for which the permit is sought will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc 08132 n 2. The permit sought will not produce an adverse impact on the economic values of adjacent properties. 3. The permit sought will not produce a negative impact on transportation facilities, public utilities, schools, public parks, or the natural environment any greater than had the strict terms of the Land Use Ordinance been complied with. 4. The noise and traffic conditions generated by the use for which the permit is sought, when analyzed in conjunction with the noise and traffic conditions now existing does not indicate that the permit should be denied. 5. The use for which the permit is sought shall not work an unreasonable hardship upon surrounding property owners by virtue of its physical natures or by the impact of changes made in the landscape of the land. 6. The aesthetic qualities of the proposed use will not conflict with aesthetic qualities of the surrounding lands. 7. The adverse impact of the proposed use on other development within the City has been minimized by Applicant as much as is reasonably possible. 8. Owners of adjacent property have not expressed approval or disapproval of the ,^ issuance of the requested conditional use permit. n 9. The requested conditional use permit, if granted, should be maintained subject to the conditions set forth below. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should be approved. 2. The following conditions, if any, are hereby imposed upon the granting of said conditional use permit and applicant, by taking advantage of said conditional use permit agrees to the imposition of the same: A. Curb, gutter, sidewalk, and landscaping shall be installed in the front of the property on Linden consistent with the Chubbuck Municipal Code. B. The ditch bordering Linden shall be piped by Mr. Slaven. C. Any area between the gutter and the existing street that is not asphalt shall be patched by Mr. Slaven. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc 08132 n D. All other provisions and requirements of the supplemental controls for self service storage facilities referenced in Chubbuck Municipal Code 18.12.050 shall be followed. E. The ditch running between the two properties be piped if the water rights remain. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. 4. Takings. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect to the decision in this action: A. This Action does not result in a permanent or temporary physical occupation of private property. B. This Action does not require the property owner to dedicate a portion of the property or to grant an easement. C. This Action does not deprive the owner of the property of all viable uses of the property. 110� D. This Action does not have a significant impact on the landowner's economic interest. r1 E. This Action does not deny a fundamental attribute of ownership. F. This Action does not serve the same purpose that would be served by directly prohibiting the use or action; nor does the condition imposed substantially advance such purpose. DATED this %�Lk day of M 1, , 1199-7 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc 08132 LAND USE AND DEVELOPMENT COMMISSION By: .� hai man CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter having come before the Land Use and Development Commission for public hearing pursuant to public notice as required by law, on May 1, 1997, upon the application of Mike Scott, Scott Construction, Inc. (hereinafter referred to as "applicant") for a change in land use district for the real property described on Exhibit "A" hereto from R-1 or Single Family Residential to R-4 or Dense Residential, and the Land Use and Development Commission having heard testimony from interested parties and being fully advised in the matter, now makes the following: FINDINGS OF FACT 1. Applicant has applied for a zone change from R-1 to R-4 for the real property described on Exhibit "A" hereto. 2. All legal requirements for notice of public hearing have been met. 3. The property in question is zoned R-1 or Single Family pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as R-1 in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevant criteria and standards for consideration of this application are set forth in the Comprehensive Plan in Sections B, B(5), B(6) and B(8) and in Idaho Code Sections 67-6502 and 67-6508. 6. The requested change in land use district is not in conflict with the provisions of existing zoning regulations or the duly adopted Comprehensive Plan of the City of Chubbuck. 7. The property in question is suitable for the proposed land use district, and such uses would be compatible with existing land uses in the area. 8. Owners of adjacent properties have expressed approval of the proposed change in land use district. 9. The requested zone change is reasonable to provide orderly development of the City, and to promote economic values and will not be detrimental to the public health, safety, and welfare. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbckO8.136 %5-q i 10. It is in the best interests of the public that the proposed change inland use district be granted. 11. The project will provide townhouse development in an area that will be economically difficult to develop as single family lots due to the terrain. BASED UPON THE FOREGOING FINDINGS OF FACT, the Chubbuck Land Use and Development Commission hereby enters the following: CONCLUSIONS OF LAW 1. The requirements of Idaho Code Section 67-6509(d) have been met. 2. The proposed change in land use district is reasonable and necessary to provide orderly development of the City, and to promote economic values, and is not inconsistent with or detrimental to the public health, safety, and welfare. 3. The proposed change in land use district is consistent with the provisions of the Comprehensive Plan and Land Use Ordinance of the City of Chubbuck and the Local Planning Act of 1975, as codified in Chapter 65 of Title 67 of the Idaho Code. 4. The requested change in Land Use District should be granted. 5. Takings. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect to the decision in this action: A. This Action does not result in a permanent or temporary physical occupation of private property. B. This Action does not require the property owner to dedicate a portion of the property or to grant an easement. C. This Action does not deprive the owner of the property of all viable uses of the property. D. This Action does not have a significant impact on the landowner's economic interest. E. This Action does not deny a fundamental attribute of ownership. F. This Action does not serve the same purpose that would be served by directly prohibiting the use or action; nor does the condition imposed substantially advance such purpose. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbckO8.136 10 1 DECISION It is recommended that the application for a change in land use district to designate the land described on Exhibit "A" be granted by the City Council. f DATED this % day of iA � , 199? . FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbckO8.136 Ch ' an, Land Use and Development Commission CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter having come before the Land Use and Development Commission for public hearing pursuant to public notice as required by law, on May 1, 1997, upon the application of William C. Slaven (hereinafter referred to as "applicant") for a change in land use district for the real property described on Exhibit "A" hereto from R-2 or General Residential to C-2 or General Commercial, and the Land Use and Development Commission having heard testimony from interested parties and being fully advised in the matter, now makes the following: FINDINGS OF FACT 1. Applicant has applied for a zone change from R-2 to C-2 for the real property described on Exhibit "A" hereto. 2. All legal requirements for notice of public hearing have been met. 3. The property in question is zoned R-2 pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as C-2 in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevant criteria and standards for consideration of this application are set forth in the Comprehensive Plan in Sections B, B(5), B(6) and B(8) and in Idaho Code Sections 67-6502 and 67-6508. 6. The requested change in land use district is not in conflict with the provisions of existing zoning regulations or the duly adopted Comprehensive Plan of the City of Chubbuck. 7. The property in question is suitable for the proposed land use district, and such uses would be compatible with existing land uses in the area. 8. Owners of adjacent properties have not expressed approval or disapproval of the proposed change in land use district. 9. The requested zone change is reasonable to provide orderly development of the City, and to promote economic values and will not be detrimental to the public health, safety, and welfare. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 cl c chbbc1,08.134 4-151 r� 10. It is in the best interests of the public that the proposed change in land use district be granted. BASED UPON THE FOREGOING FINDINGS OF FACT, the Chubbuck Land Use and Development Commission hereby enters the following: CONCLUSIONS OF LAW 1. The requirements of Idaho Code Section 67-6509(d) have been met. 2. The proposed change in land use district is reasonable and necessary to provide orderly development of the City, and to promote economic values, and is not inconsistent with or detrimental to the public health, safety, and welfare. 3. The proposed change in land use district is consistent with the provisions of the Comprehensive Plan and Land Use Ordinance of the City of Chubbuck and the Local Planning Act of 1975, as codified in Chapter 65 of Title 67 of the Idaho Code. 4. The requested change in Land Use District should be granted. 5. Takinus. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect to the decision in this action: A. This Action does not result in a permanent or temporary physical occupation of private property. B. This Action does not require the property owner to dedicate a portion of the property or to grant an easement. C. This Action does not deprive the owner of the property of all viable uses of the property. D. This Action does not have a significant impact on the landowner's economic interest. E. This Action does not deny a fundamental attribute of ownership. F. This Action does not serve the same purpose that would be served by directly prohibiting the use or action; nor does the condition imposed substantially advance such purpose. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck08.134 ,^ n DECISION It is recommended that the application for a change in land use district to designate the land described on Exhibit "A" be granted by the City Council. DATED this %tday of Y&., , 199'?. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck08.134 Chairman, Land Use and Development Commission